Times Printing & Publishing Co. v. Babcock
Idaho Supreme Court
Original proceeding for a writ of mandate. The record now before the court contains all of the records, papers and files of the ease which the court considered, and no other files or records or matters could be certified up to the appellate court. This being true, the court could not give us a consideration upon its merits and could not give us adequate relief.
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Original proceeding for a writ of mandate. The record now before the court contains all of the records, papers and files of the ease which the court considered, and no other files or records or matters could be certified up to the appellate court. This being true, the court could not give us a consideration upon its merits and could not give us adequate relief. It could do nothing but command the court to hear the motion upon its merits and then let the dissatisfied party bring up the record on the second appeal. No formal action is necessary. (Kelley v. Clark, 21 Ida. 231, 121 Pac. 95;…
1Opinion of the CourtBudge, C. J.
This is an original proceeding on an application for a writ of mandate to compel the Honorable William A. Babcock, as judge of the district court of the fourth judicial district for Twin Falls county, to pass upon the merits of a motion for a new trial, in a case tried in that court between this plaintiff and one IT. M. Sims as defendant. On February 23, 1918, a final judgment was entered in favor of Sims. Thereafter, on March 2, 1918, plaintiff filed in said court a paper denominated “Notice of Motion for New Trial,” which was in part as follows:
“To H. M. Sims and Sweeley & Sweeley, His…
2Cases cited3 opinions
- Storer v. HeitfeldIdaho Supreme Court · 1909
- Kelley v. ClarkIdaho Supreme Court · 1912
- Minneapolis Threshing Mach. Co. v. FoxUtah Supreme Court · 1918
3Cited by5 opinions
- Smith v. NeeleyIdaho Supreme Court · 1924
- Thibadeau v. Clarinda Copper Mining Co.Idaho Supreme Court · 1928
- Davis v. RogersIdaho Supreme Court · 1951
- Brockman v. HallIdaho Supreme Court · 1923
- Studebaker Bros. v. HarbertIdaho Supreme Court · 1922